Explanation
Rezoning Amendment: Z14-010A
Ordinance #2733-2015, passed December 7, 2015 (Z14-010), rezoned 101.77± acres at 4956 Avery Road from the R, Rural District to the CPD, Commercial Planned Development District (Subarea 1), to allow commercial development, and the L-AR-1, Limited Apartment Residential District (Subarea 2), to allow multi-unit residential development. The existing L-AR-1 district establishes use restrictions, with a maximum dwelling count of 915, and includes supplemental development standards addressing parking, building height, density, building orientation, site access, landscaping, open space, building design and materials, and lighting, and included a site plan commitment. This ordinance amends the limitation text for a 9.83 acre portion of Subarea 2A, known today as parcel number 010-296461, by removing the maximum unit count commitment, and removing commitments to building roof pitch and roof materials. All other sections of Ordinance #2733-2015 remain unchanged and are in effect.
CITY DEPARTMENTS' RECOMMENDATION: Approval.
Title
To amend Ordinance #2733-2015, passed December 7, 2015 (Z14-010), for property located at 4986 AVERY RD. (43016), by repealing Sections 1 and 3 and replacing with new Sections 1 and 3 to modify commitments regarding maximum unit count and building design elements for a property in the L-AR-1, Limited Apartment Residential District (Rezoning Amendment #Z14-010A).
Body
WHEREAS, Ordinance #2733-2015, passed December 7, 2015 (Z14-010), rezoned 101.77± acres at 4986 AVERY RD. (43016), from R, Rural District to CPD, Commercial Planned Development District and L-AR-1, Limited Apartment Residential District; and
WHEREAS, that rezoning established specific allowable uses, a maximum unit count, and development standards addressing parking, building height, density, building orientation, site access, landscaping, open space, building design, and lighting, for the L-AR-1 district; and
WHEREAS, it is necessary to amend Section 1 of Ordinance #2733-2015, passed December 7, 2015 (Z14-010), as Parcel Number 010-296461 is the only property subject to this amendment; and
WHEREAS, it is necessary to amend Section 3 of Ordinance #2733-2015, passed December 7, 2015 (Z14-010), to modify the limitation overlay text by removing the maximum unit count commitment and building design commitments regarding roof pitch and materials, for the property known as Parcel Number 010-296461; and
WHEREAS, all other aspects of Ordinance #2733-2015 are unaffected by this amendment and remain in effect; NOW, THEREFORE:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 1 of Ordinance #2733-2015, passed December 7, 2015 (Z14-010), as it applies to Parcel Number 010-296461, is hereby replaced with new Section 1 to read as follows:
SECTION 1. That the Official Zoning Map of the City of Columbus, as adopted by Ordinance #0179 -03, passed February 24, 2003, and as subsequently amended, is hereby revised by changing the zoning of the property as follows:
Situated in the State of Ohio, County of Franklin, City of Columbus, being in Virginia Military Survey Number 3012 and being all of the remainder of a 16.474 acre tract as conveyed to Havery Run, LLC in Instrument Number 201902130017559 as further described;
Commencing at Franklin County Geodetic Survey Monument 8855 found at an angle point in the original centerline of Avery Road (R/W Varies), the northwest corner of dedication for a portion of Avery Road as recorded in the Avery Road and Riggins Road Dedication in Plat Book 120, Page 82, and also being in the east line of Virginia Military Survey District 3453 and the west line of Virginia Military Survey District 3012;
Thence with the centerline of said Avery Road, the west line of Virginia Military Survey District 3012 and the east line of Virginia Military Survey District 3453, S 05°27’36” E, 1284.71 feet;
Thence crossing Avery Road right of way, N 84°32’24” E, 90.00 feet to an iron pin previously set at the northwest corner of the remainder of said 16.474 acre tract, the southwest corner of a 16.473 acre tract as conveyed to Havery Lawrence Property Co LLC in Instrument Number 202411220123215, being in the easterly right of way line of Avery Road as dedicated in Plat Book 120, Page 82, and being the TRUE POINT OF BEGINNING for the land herein described as follows;
Thence with the north line of the remainder of said 16.474 acre tract and the south line of said 16.473 acre tract, N 74° 01' 09" E, 724.29 feet to an iron pin previously set at the northeast corner of the remainder of said 16.474 acre tract and the northwest corner of a tract made up of a 19.076 acre tract as conveyed to Riggins Run Apartments I LLC in Instrument Number 201612020164883 and a 0.029 acre tract as conveyed to Riggins Run Apartments I LLC in Instrument Number 201702160023134;
Thence with the east line of the remainder of said 16.474 acre tract and the west line of said tract made up of a 19.076 acre tract and a 0.029 acre tract, S 15° 58' 51" E,
482.57 feet to an iron pin previously set at an angle point in the east line of the remainder of said 16.474 acre tract, an angle point in the west line of said tract made up of a 19.076 acre tract and a 0.029 acre tract and being in the north line of a 2.084 acre tract as conveyed to the City of Columbus, Ohio in Instrument Number 202104090063880;
Thence with the east line of the remainder of said 16.474 acre tract and the north line of said 2.084 acre tract, S 73° 03' 02" W, 129.90 feet to an iron pin previously set at a point of curvature in the east line of the remainder of said 16.474 acre tract and the north line of said 2.084 acre tract;
Thence with the east line of the remainder of said 16.474 acre tract and the west line of said 2.084 acre tract along a curve to the left having a central angle of 90° 00' 00", a radius of 40.00 feet, an arc length of 62.83 feet, and a chord bearing and distance of S 28° 03' 02" W, 56.57 feet to an iron pin previously set;
Thence continuing with the east line of the remainder of said 16.474 acre tract and the west line of said 2.084 acre tract, S 16° 56' 58" E, 64.67 feet to an iron pin previously set at the southeast corner of the remainder of said 16.474 acre tract and being in the north line of a 14.478 acre tract as conveyed to Riggins Run Apartments II LLC in Instrument Number 202105240091727;
Thence the following three (3) courses with the south line of the remainder of said
16.474 acre tract and the north line of said 14.478 acre tract:
1. S 73° 03' 02" W, 193.48 feet to an iron pin previously set at a point of curvature;
2. Along a curve to the right having a central angle of 08° 02' 05", a radius of 1020.62 feet, an arc length of 143.13 feet, and a chord bearing and distance of S 80° 31' 21" W, 143.01 feet to an iron pin previously set at a point of tangency;
3. S 84° 32' 24" W, 322.32 feet to an iron pin previously set at the southwest corner of the remainder of said 16.474 acre tract, the northwest corner of said
14.478 acre tract and being in the easterly right of way line of Avery Road as dedicated in Plat Book 120, Page 82;
Thence with the west line of the remainder of said 16.474 acre tract and the easterly right of way line of Avery Road as dedicated in Plat Book 120, Page 82, N 05° 27' 36" W, 527.19 feet to the TRUE POINT OF BEGINNING, containing 9.828 acres, more or less.
SECTION 2. That existing Section 1 of Ordinance #2733-2015, passed December 7, 2015 (Z14-010), as it applies to Parcel Number 010-296461, is hereby repealed.
SECTION 3. That Section 3 of Ordinance #2733-2015, passed December 7, 2015 (Z14-010), as it applies to Parcel Number 010-296461, is hereby replaced with new Section 3 to read as follows:
SECTION 3. That the Director of the Department of Building and Zoning Services be, and is hereby authorized and directed to make the said changes on the said original zoning map and shall register a copy of the approved CPD, Commercial Planned Development, and L-AR-1, Limited Apartment Residential Districts and Application among the records of the Department of Building and Zoning Services as required by Sections 3311.12, and 3370.03 of the Columbus City Codes; said plans being titled, "ZONING PLAN - SHEET 1 OF 2," and "ZONING PLAN - SHEET 2 OF 2," and said text being titled, "DEVELOPMENT TEXT," all dated October 16, 2015 October 16, 2025 and signed by Laura MacGregor Comek Michael Shannon, Attorney for the Applicant, and the text reading as follows:
DEVELOPMENT TEXT
APPLICATION: Z14-010A
Location: 4986 Avery Road
Parcel Numbers: 010-296461
Existing Zoning: L-AR-1
Proposed Zoning: L-AR-1
Applicant: DC Building Company; 565 Metro Place South, Suite 220;
Dublin, Ohio 43017.
Property Owner(s): Havery Run LLC; 4220 Sire Cove Road; Hilliard, Ohio 43026
Attorney/Agent: Michael Shannon; MTShannon Partners; 447 East Main
Street, Suite 200-F; Columbus, Ohio 43215
Date: October 16, 2025
Amended Subarea 2: (9.8 +/- ac L-AR-1)
1. Introduction: This amendment applies to approximately 9.8 acres at 4986 Avery Road (Parcel 010-296461), representing the western portion of Subarea 2A within the area rezoned by Ordinance 2733-2015 (Z14-010). All prior subarea boundaries, street alignments, parkland dedications, landscaping, and buffering commitments established under Z14-010 remain unchanged and in full force.
The purpose of this amendment is to modernize the architectural provisions for Subarea 2A by allowing flat-roof building forms. This refinement enables a more contemporary design expression while maintaining the same high-quality building materials, façade orientations, and overall massing relationships envisioned in the original text. The established fifty-foot (50′) maximum building height remains in effect, ensuring compatibility with surrounding development and adherence to the original height district. All other development standards-including setbacks, open-space design, and pedestrian connectivity-are preserved as previously approved.
2. Permitted Uses: Those uses permitted in Section 3333.02 (1), (2), (3), (4), (5), (9) and (10), AR1, Apartment Residential, of the Columbus City Code. There shall be a maximum of 915 residential units within this subarea. Consistent with traditional planning principles, there is a distribution of densities as reflected on the attached Site plan.
3. Development Standards: Unless otherwise indicated, the applicable development standards are contained in Chapter 3333 (Apartment Districts) of the Columbus City Code. Variances may be obtained to vary the style or type of housing proposed for future development.
A. Density, Height, Lot, and/or Setback Requirements.
1. There shall be no parking spaces in front of the building setbacks along Avery Road, or the main private street system as shown on the CPD Plan.
2. The building height shall be limited to 50 feet.
3. In Subarea 2B, buildings shall be limited to 3 stories in height within 200’ of the south property line.
4. In Subarea 2C, density will not exceed 12 units/acre and building height is limited to 3 stories within 200 feet of the east and south property line. The north boundary line of Subarea 2C will be no less than 450’ from the south property line.
5. In Subarea 2D, building height shall be limited to 3 stories within 200’ of the east property line.
6. All Buildings shall have a front or side façade oriented to the private street system shown on the Site Plan and to the parks within the subarea. The rear of a building shall not face a main street. Parking for the residential units will be located to the side and rear of buildings, not including on-street parking.
7. All buildings adjacent to the two (2) acre neighborhood green shall front the street surrounding the green.
8. For attached garages, the total width of the garage door opening(s) facing a frontage shall not exceed 40 percent of the total width of the building facade (including the garage).
B. Access, Loading, Parking, and/or Traffic Related Commitments.
Access shall be as shown on the Site Plan. The exact location access points may be modified subject to the review and approval of the City's Department of Public Service without the need for rezoning.
C. Buffering, Landscaping, Open Space, and/or Screening Commitments.
1. The frontage along Avery Road shall include street trees spaced one per 40 feet. In addition, there shall be a minimum 2-foot high earth mound, which may undulate, and shall include additional plantings of 3 ornamental trees and 2 deciduous trees for every 100 feet of frontage, which trees may be evenly spaced or grouped, consistent with the Avery Road typical section on Page 2 of the Site Plan. Vehicular access points (Site Access A and B) along Avery Road shall include shrubs and seasonal plantings.
2. The entrance road to this subarea is from Avery Road, and shown as Site Access A. This entrance road shall connect to the access to Subarea 1 and Riggins Road at Site Access E, as depicted on the Site Plan. This road shall be planted with street trees on both sides of the street, 1 per 40 feet, consistent with the internal street section shown on Page 2 of the Site Plan and shall include sidewalks and multi-use paths shown thereon. Tree species shall be determined with input from the City Forrester.
3. There shall be a centrally located civic space (currently depicted as a neighborhood green) at the terminus of the entry road for the subarea. Final design and location are subject to final engineering and traffic approval, but in no event shall the park be less than 2 acres. In addition to the commitment above in Section C(2), there shall be street trees planted along the park side of the street that is planned to surround the 2 acre neighborhood green, consistent with the internal street section shown on Page 2 of the Site Plan.
4. The existing tree stand located in the south east corner of Sub area 2C shall be dedicated to the City of Columbus Recreation and Parks Department and combined with the Parkland Dedication area as shown on the Site Plan.
5. No more than 25% storm water shall be retained within the park areas shown on the Site Plan, unless otherwise agreed to by the City of Columbus Recreations and Parks Department.
D. Building Design and/or Interior-Exterior Treatment Commitments.
1. Building materials shall be primarily of brick, brick veneer, stone or stucco stone, metal, glass, stucco, synthetic stucco (EIFS), wood, and vinyl siding. No exposed or painted concrete block shall be permitted.
2. Detached garages shall have a pitched roof (minimum pitch 3/12).
3. Buildings will be oriented to front (or have front-like facades) toward Avery Road, the main private street system, the neighborhood green and the parkland dedication area to the south.
4. Building roof pitch shall be minimum 7:12 for gables on the primary elevation facing the street; all other building roof pitches shall be minimum 5:12. The development shall use dimensional shingles (where shingles are utilized) or wood, slate, synthetic slate, or metal roofing materials.
E. Dumpsters, Lighting, Outdoor Display Areas, and/or other Environmental Commitments.
1. Maximum height of light poles shall be fourteen feet.
2. All external lighting (parking and wall-mounted) shall be cut-off fixtures (down lighting) and shall be designed to prevent offsite spillage.
3. Lights shall be decorative and of the same or similar type and color, within each separate residential development /complex.
F. Graphics and Signage Commitments:
N/A
G. Miscellaneous Commitments.
1. The site may have gated interior access points, subject to the review of the Department of Public Service, at the time of site compliance review.
2. All new sidewalks shall be a minimum of five feet in width.
3. The applicant shall meet the City's Parkland Dedication ordinance.
4. Connectivity between land uses and subareas is emphasized with an interconnected system of pedestrian paths, bike paths and/or sidewalks that allow for pedestrian or bicycle access to the sub area to the north, the parkland dedication area shown on the Site Plan and stubs for future connectivity to undeveloped property to the east. Where provided, such pedestrian connections shall be a minimum of 5 feet in width. Sidewalks shall be provided on both sides of all streets (not alleys or drive aisles), and shall be a minimum of 5 feet in width. Where pedestrian paths and sidewalks cross internal drive aisles or streets, striped cross walks shall be provided if warranted, as approved by the Department of Public Service. Final locations of all aisles, paths, sidewalks and roads/alleys, etc., to be determined at the time of final engineering.
5. As depicted on the attached Site Plan, there shall be a main road that runs between Site Access A from Avery Road and Site Access G along new Riggins Rd. The paths, sidewalks and street trees along this road (including the 2 acre neighborhood green) shall be as shown on the internal street section shown on Page 2 of the Site Plan.
6. All new wiring shall be underground.
7. There shall be at least one club house/amenity building for the development located within Subarea 2.
8. The proposed development shall be developed in general conformance with the submitted Site Plan. The plan may be adjusted to reflect engineering, topographical or other site data developed at the time that development and engineering plans are completed. Streets are schematic and subject to change. Any adjustment to the Site Plan shall be reviewed and may be approved by the Director of the Department of Building & Zoning Services or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That existing Section 3 of Ordinance #2733-2015, as it applies to Parcel Number 010-296461, passed December 7, 2015 (Z14-010), is hereby repealed.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.